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The Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations insert a new section 33ZB into Part II (Waste on Land) of the Environmental Protection Act 1990 (c.43) (“the Act”) to enable an authorised officer of a Welsh waste collection authority to issue a fixed penalty notice for contravention of section 33(1)(a) of the Act in the area of the authority.

Section 33(1)(a), subject to certain exemptions, prohibits the deposit of controlled waste or extractive waste in or on any land other than in accordance with an environmental permit. Contravention of that section is an offence.

Section 33ZB allows a Welsh waste collection authority to specify a fixed penalty of not less than £150 and not more than £400. If no amount is specified by the waste collection authority, the amount of the fixed penalty is to be £200. A Welsh waste collection authority may also make provision for a discount for early payment of a fixed penalty.

A regulatory impact assessment in relation to Wales has been prepared on the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

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